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2005-UP-184 - State v. Cristea

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT
BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

The State,        Respondent,

v.

Frank Rapiek Cristea,        Appellant.


Appeal From York County
John C. Hayes, III, Circuit Court Judge


Unpublished Opinion No.  2005-UP-184
Submitted March 1, 2005 – Filed March 11, 2005


APPEAL DISMISSED


Assistant Appellate Defender Robert M. Pachak, Office of Appellate Defense, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Office of the Attorney General, all of Columbia; and Solicitor Thomas E. Pope,  for Respondent.

PER CURIAM:  Frank Rapiek Cristea appeals his convictions for possession of crack cocaine with intent to distribute and possession of crack cocaine with intent to distribute within proximity of a public park.  Cristea’s appellate counsel has petitioned to be relieved as counsel, stating he has reviewed the record and has concluded Cristea’s appeal is without merit.  Cristea filed a pro se response with this court.

After consideration of Appellant’s pro se brief and review of the record as required by Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we hold there are no directly appealable issues that are arguable on their merits.  Accordingly, we dismiss this appeal and grant counsel’s petition to be relieved.[1]   

APPEAL DISMISSED.

HEARN, C.J., KITTREDGE and WILLIAMS, JJ., concur.


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.